Opinion
Decided July 2, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert A. Harlem, J.
Ellen Leary Coccoma for appellant.
Frank W. Getman and Clifton M. Tamsett, Jr., for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The factual determinations made by the Appellate Division more nearly comport with the weight of the evidence, and we find no error in that court's application of the pertinent rules of law. Plaintiff has failed to show by clear and convincing evidence her entitlement to an easement by implication or prescription.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.